First Regular Session
Sixty-first General Assembly
LLS NO. 970323.01 JY
HOUSE BILL 971300
STATE OF COLORADO
BY REPRESENTATIVES Saliman and Snyder.
A BILL FOR AN ACT
CONCERNING THE REMEDIES AVAILABLE FOR VIOLATIONS
OF SPECIFIC PROVISIONS OF THE "MOBILE HOME PARK ACT".
(Note: This summary applies to this bill as introduced
and does not necessarily reflect any amendments which may be subsequently
Allows a person to file an action for an injunction
or damages for the following violations of the "Mobile Home
Specifies that any person committing such violations
is liable for treble damages, not to exceed $1,000, and for court
costs and attorney fees. Specifies that a person bringing a frivolous
action is liable for court costs and attorney fees. Replaces the
current statutory provisions on remedies, other than the remedies
for forcible entry and detainer actions, with the provisions of
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. Part 2 of article 12 of title 38, Colorado Revised Statutes, 1982 Repl. Vol., as amended, is amended BY THE ADDITION OF A NEW SECTION to read:
3812218. Enforcement civil action remedies. (1) IN ADDITION TO THE REMEDIES SPECIFIED FOR FORCIBLE ENTRY AND DETAINER ACTIONS IN SECTION 3812208, ANY PERSON INJURED BY REASON OF A VIOLATION OF A RENTAL AGREEMENT OR THE PROVISIONS OF SECTION 3812203 (1) (d) (II), 3812204 (2), 3812205, 3812206, 3812207 (1), 3812209 (1), 3812210, 3812211, 3812212.3 (1) OR (2), 3812212.7 (1), 3812213 (1), 3812214, OR 3812217 (1) MAY COMMENCE AN ACTION TO PREVENT OR RESTRAIN SUCH VIOLATION OR TO RECOVER ANY ACTUAL DAMAGES SUSTAINED BY SUCH PERSON. ANY PERSON WHO, IN A PRIVATE CIVIL ACTION, IS FOUND TO HAVE COMMITTED OR CAUSED ANOTHER TO COMMIT ANY SUCH VIOLATION SHALL BE LIABLE IN AN AMOUNT EQUAL TO THE SUM OF:
(a) THREE TIMES THE AMOUNT OF ACTUAL DAMAGES SUSTAINED BY SUCH PERSON; EXCEPT THAT SUCH AMOUNT SHALL NOT EXCEED ONE THOUSAND DOLLARS; AND
(b) IN THE CASE OF ANY SUCCESSFUL ACTION TO ENFORCE SUCH LIABILITY, THE COSTS OF THE ACTION TOGETHER WITH REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT.
(2) ANY PERSON WHO BRINGS AN ACTION UNDER THIS SECTION THAT THE COURT FINDS TO BE GROUNDLESS AND IN BAD FAITH OR FOR THE PURPOSE OF HARASSMENT SHALL BE LIABLE TO THE DEFENDANT FOR THE COSTS OF THE ACTION TOGETHER WITH REASONABLE ATTORNEY FEES AS DETERMINED BY THE COURT.
SECTION 2. Repeal. 3812209 (3) and (4) and 3812212.7 (3), Colorado Revised Statutes, 1982 Repl. Vol., as amended, are repealed. SECTION 3. Effective date applicability. (1) This act shall take effect at 12:01 a.m. on the day following the expiration of the ninetyday period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section 1 (3) of the state constitution; except that, if a referendum petition is filed against this act or an item, section, or part of this act within such period, then the act, item, section, or part, if approved by the people, shall take effect on the date of the official declaration of the vote thereon by proclamation of the governor.
(2) The provisions of this act shall apply to violations committed on or after the applicable effective date of this act.